I was recently asked a question by a fellow Book Whisperer Author - the wonderful Wendy Woolfson - who is creating a book called 'Journalling A Journey' (a memoir of her journey through stage 4 cancer and mental health recovery). She wanted to know about using her artistic collages in her book and the copyright issues surrounding that. I am not a lawyer, nor am I trained in the profession, but as a publishing consultant, I do have some general knowledge about copyright regarding book publishing that might be of interest.
As an author, it's important to understand the basics ofcopyright law when it comes to using images in your book. While you automatically own the copyright to your original writing, the same is not true for images. In most cases, unless you have created the image yourself, you will need to obtain permission from the copyright holder before using it in your book. There are some limited exceptions to this rule, known as "fair use", but relying on that can be risky.
What is fair use?
Fair use is a legal doctrine that allows limited use ofcopyrighted material without permission from the rights holder, eg for purposes such as criticism, parody, news reporting, teaching, scholarship, or research. However, determining whether something qualifies as fair use can be complex.
When it comes to using images in your book, here are some general guidelines:
- Any images you create yourself, such as photographs you takeor illustrations you draw, are yours to use freely. You own the copyright.
- You typically need permission from the copyright owner for images created by others, which may require paying a licensing fee.
- Be especially cautious with images found online. Unless clearly stated otherwise, assume they are protected by copyright even if there is no copyright mark. Reach out to the creator/owner for permission.
- Some images may be in the public domain, meaning the copyright has expired or been forfeited. These can be used without permission. However, always research the copyright status thoroughly.
- Certain image uses may qualify as "fair use" andnot require permission - but determining this with certainty can be difficult. The safest route is getting permission.
Collage: The Grey Area of Copyright
Collage occupies a unique space when it comes to copyright. Collages are created by incorporating pieces of existing artwork - artwork that is often protected by copyright. So is it fair use to include these elements in a new piece of art?
Unfortunately, there's no clear answer that applies to allcollages. However, I have read that courts evaluate fair use on a case-by-case basis, considering four main factors:
- The purpose of the use (commercial vs nonprofit/educational)
- The nature of the copyrighted work used
- The amount of the copyrighted work used
- The effect of the use on the market for the original work
In general, the more transformative the collage is (the moreit alters the original works to create a new meaning or message), the more likely it is to be considered fair use. Collages that use small portions of many different works are also more likely to be fair use than those that prominently feature one copyrighted image. For example, taking an image and just putting a border around it (thereby calling it a collage) would not cut it!
However, some collage elements are riskier than others. Artworks and illustrations are more protected than factual works like news photos. And using works that are central to the copyright owner's market, like incorporating stickers meant for scrapbooking into a scrapbooking book, is more likely to be infringement.
You have to consider the industry the original image waspart of as well, and would your use of it be considered to damage that industry in any way.
The Bottom Line
As an author, it's wise to be very cautious about usingimages you did not create yourself. When in doubt, seek permission or consult an intellectual property attorney. While collages can qualify as fair use in some circumstances, it's a grey area that depends heavily on the specifics of your use.
Remember, it's not just about avoiding a lawsuit - it's about artistic integrity and respect for your fellow creators. When possible, create your own images, seek out public domain works, or license images to use. Incorporating others' work without permission should be a last resort. Understanding copyright is essential for any writer navigating the complex world of publishing today.
PS: I did get Wendy's permission to use her images in thisarticle! And if you want to support her Kickstarter to get 'Journalling A Journey' published - go to: www.kickstarter.com/projects/thiswillhelpyou/journaling-a-journey